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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2022 NY Slip Op 00915
Regular Panel Decision
Feb 10, 2022

Long v. Aerotek, Inc.

Plaintiff Karen Long sued her employer, Aerotek, Inc., and individual supervisors for alleged discrimination based on gender, familial status, and status as a victim of domestic violence, as well as hostile work environment and unlawful retaliation under the Human Rights Law. The Supreme Court partially denied the defendants' motion for summary judgment, leading to the current appeal. The Appellate Division affirmed the lower court's decision, finding that sufficient questions of fact existed regarding the hostile work environment, constructive discharge, and retaliation claims to warrant a trial. The court cited allegations of sexual harassment, sexist comments from one supervisor, and discriminatory actions and career hindrance by another. A dissenting opinion argued for granting summary judgment to all defendants, contending that the plaintiff failed to establish an adverse employment action, a hostile work environment, or retaliation.

Employment DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeGender-Based DiscriminationFamilial Status DiscriminationDomestic Violence Victim StatusSummary Judgment MotionAppellate Division Third DepartmentHuman Rights Law
References
36
Case No. 2021 NY Slip Op 02197
Regular Panel Decision
Apr 08, 2021

Matter of Britton v. Aerotek

Claimant Andre Britton appealed a decision from the Workers' Compensation Board. Britton had filed a workers' compensation claim alleging racial discrimination and sexual harassment led to psychological injuries, which a Workers' Compensation Law Judge (WCLJ) disallowed due to lack of credible evidence. The Board denied Britton's application for review because he failed to use the updated form RB-89 as required by revised regulations and a bulletin in effect for three years. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion given the claimant's non-compliance with procedural requirements. The court also reiterated that the right to effective assistance of counsel generally does not extend to administrative proceedings.

Workers' Compensation BoardAdministrative ReviewProcedural Non-ComplianceForm RB-89Appellate DivisionDiscretionary ReviewRight to Counsel (Administrative Proceedings)Racial Discrimination ClaimSexual Harassment ClaimPsychological Injuries
References
5
Case No. ADJ8489468
Regular
Jun 15, 2018

ROLE BRODIE vs. AEROTEK COMMERCIAL STAFFING, ACE AMERICAN INSURANCE COMPANY

This case involves a workers' compensation claim by Roly Brodie against Aerotek Commercial Staffing and its insurer. The applicant was found to have sustained injuries to multiple body parts, including bilateral wrists, back, shoulders, neck, psyche, and hands, resulting in temporary total disability and a need for further medical treatment. The defendant petitioned for reconsideration, challenging only the finding of permanent and total disability ($100\%$) due to alleged lack of applicant credibility. The Workers' Compensation Appeals Board affirmed the original award, upholding the finding of permanent and total disability.

Findings of FactAward and OrdersPetition for ReconsiderationWCJcumulative periodtemporary total disabilitypermanent and total disabilitysubstantial evidenceapplicant's lack of credibilityReport and Recommendation on Petition for Reconsideration
References
0
Case No. ADJ2034618 (MON 0323449)
Regular
May 27, 2011

LARRY GOODMAN vs. AEROTEK, AIG

The Appeals Board dismissed the defendant's Petition for Reconsideration as the WCJ's order was not a final determination. However, they granted removal because the WCJ improperly rescinded the case submission, finding substantial evidence existed in the existing record. The Board rescinded the WCJ's order to reopen proceedings and directed the WCJ to issue a decision based on the previously submitted evidence.

WCABRemovalReconsiderationRescinding OrderSubmission of CaseEvidentiary RecordDFEC factorOgilvie analysisPermanent Disability BenefitsSubstantial Evidence
References
5
Case No. ADJ7549203
Regular
Feb 22, 2018

RONALD WILSON vs. AEROTEK COMMERCIAL STAFFING; As Administered By ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB rescinded the previous order that denied the defendant's motion to set a trial date. The case is now returned to the workers' compensation administrative law judge for further proceedings. This means the previous denial of the trial setting motion is nullified.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJrescind ordermotion to set trial datereturn to trial leveladministrative law judgedefendant's motiondenial of motion
References
0
Case No. ADJ3279477 (OAK 0343449)
Regular
Mar 26, 2010

RAYSHAWN LAMBERT vs. AEROTEK/ALLEGIS GROUP, INSURANCE COMPANY FOR THE STATE OF PENNSYLVANIA, Administered By BROADSPIRE

The Board granted reconsideration to further develop the record regarding the applicant's permanent and stationary (P&S) date. The WCJ's reliance on medical opinions was flawed because Dr. Lavigna lacked a complete medical history, not accounting for a subsequent motor vehicle accident. Dr. Jamasbi's opinion also failed to adequately address causation and consider all contributing factors. Consequently, the Board rescinded the original award and returned the case for further proceedings and a new decision.

Workers Compensation Appeals Boardindustrial injuryright anklebilateral feettemporary disabilitypermanent and stationary datemedical mileage penaltysubstantial evidencepodiatrist opinionpain management specialist
References
8
Case No. ADJ2675288 (VNO 0344402)
Regular
Apr 02, 2009

ANTHONY PEREZ vs. AEROTEK, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE HOLDINGS for RELIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award due to a dispute over the applicant's attorney's fee, which the defendant argued exceeded 15% of the permanent disability award. The Board found that the WCJ erred in calculating the fee, as it relied on an allegedly incorrect present value of the applicant's life pension. Consequently, the Board rescinded the award and returned the matter for reassignment to a new WCJ for further proceedings and a proper decision.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationReliance Insurance Companyliquidationstipulated awardattorney's feepermanent disability awardDisability Evaluation Unitlife pensionrescinded award
References
0
Case No. ADJ7311200
Regular
Aug 03, 2017

SEAN HARRIS vs. COAST CRANE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, THUNDER MACHINE WORKS, AIX INSURANCE COMPANY, AEROTEK, ALLEGIS GROUP INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns a petition for reconsideration by defendant Wausau regarding an arbitrator's findings that applicant sustained industrial injury to his pulmonary system and upper extremities during a cumulative period. Wausau argued the claim was time-barred and that liability for upper extremity injury was improper. The Board denied Wausau's petition, finding Wausau failed to meet its burden of proof on the statute of limitations defense. The Board also determined that applicant properly amended his claim for upper extremities and that apportionment of liability based on days worked was appropriate.

Workers' Compensation Appeals BoardCoast Crane CompanyEmployers Insurance of WausauThunder Machine WorksAIX Insurance CompanyAerotekAllegis Group Insurance Companycumulative injurypulmonary systemupper extremities
References
10
Case No. ADJ9682348
Regular
Jan 17, 2023

SAMUEL RAMIREZ vs. AEROTEK/ACE AMERICAN INSURANCE administered by ESIS, STAFFING NETWORK/CIGA by its servicing agent SEDGWICK CMS for LUMBERMANS UNDERWRITING in liquidation, ANTHONY INTERNATIONAL INC. Insured by LIBERTY MUTUAL INSURANCE, ROTH STAFFING COMPANIES insured by XL INSURANCE AMERICA administered by SEDG

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's contention that the statute of limitations did not bar the applicant's amendment of his claim from a specific injury to a cumulative trauma injury. The Board found that the amended application related back to the original timely filed application, as both parties understood the injury was cumulative, and benefits were provided accordingly. The presence of multiple defendants, including CIGA, does not preclude amendments to conform to proof, especially given Labor Code Section 5500.5 concerning cumulative trauma liability. Therefore, the Board amended the original order to find that the amended application alleging cumulative trauma was not time-barred.

CIGAcumulative traumastatute of limitationsrelation back doctrinespecific injuryworkers' compensationamended applicationLabor Code section 5405Labor Code section 5500.5joinder of defendants
References
12
Case No. ADJ10183604
Regular
Feb 13, 2019

TRACY HOVLAND vs. DISPENSING DYNAMICS INTERNATIONAL, STAFFING NETWORK LLC, AEROTEK, ALLEGIS GROUP, INC., EMPLOYCO USA, THE HARTFORD SYRACUSE, ESIS CHATSWORTH, LUMBERMEN'S UNDERWRITING BOA RATON, SEDGWICK CIGA GLENDALE, REPUBLIC INDEMNITY ENCINO, AMTRUST CONCORD, California Insurance Guarantee Association (CIGA)

The Workers' Compensation Appeals Board rescinded prior orders denying reimbursement for CIGA and dismissal for Hartford. The WCAB clarified that CIGA, unlike other insurers, is entitled to reimbursement rather than just contribution from solvent insurers when handling claims due to insurer insolvency. The Board also found Hartford's dismissal petition premature, as the underlying workers' compensation claim still requires adjudication. The case is returned to the trial level for further proceedings to resolve the underlying claim and related indemnity issues.

Workers' Compensation Appeals BoardReconsiderationPetition for ReimbursementPetition for ContributionCumulative Trauma PeriodJoint and Several LiabilityCalifornia Insurance Guarantee Association (CIGA)Third-Party AdministratorInsurer JoinderPetition for Dismissal
References
6
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